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The Criminal Procedure Rules 2005

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Abandonment of appeal—notice

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63.5.—(1) Without prejudice to the power of the Crown Court to give leave for an appeal to be abandoned, an appellant may abandon an appeal by giving notice in writing, in accordance with the following provisions of this rule, not later than the third day before the day fixed for hearing the appeal.

(2) The notice required by the preceding paragraph shall be given—

(a)to the magistrates' court officer;

(b)to the Crown Court officer; and

(c)to any other party to the appeal.

(3) For the purposes of determining whether notice of abandonment was given in time there shall be disregarded any Saturday, Sunday and any day which is specified to be a bank holiday in England and Wales under section 1(1) of the Banking and Financial Dealings Act 1971(1).

[Note. Formerly rule 11 of the Crown Court Rules 1982.]

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